Winstead v. Farmer

2 Citing cases

  1. Greene v. Carroll

    171 S.E. 627 (N.C. 1933)   Cited 3 times

    Because if Carroll owned those lamps by virtue of the contract of substitution and Greene came to him and told him he was buying those lamps outright from Beam, it was then his duty to speak up and say Beam didn't own them — that it belonged to him. If you buy, you do so at your own peril. If he was informed and Carroll sat up and didn't say a word about it, he is estopped. If you find that Greene actually purchased the property from Beam and the defendant made no claim of title." Winstead v. Farmer, 193 N.C. 405; Thomas v. Conyers, 198 N.C. 229 (234); S. v. Wilson, ante, 376. Defendants contend that the charge, though correct as a legal proposition, does not arise on the evidence of plaintiff.

  2. Long v. Miller

    93 N.C. 233 (N.C. 1885)   Cited 7 times
    In Long v. Miller, 93 N.C. 233, it was held that even though a contract sued upon was barred by the statute, yet the creditor could follow the funds placed in the hand of the trustee to secure such indebtedness.

    No error. Affirmed. Cited: Young v. Alford, 118 N.C. 220; Pruden v. R. R., 121 N.C. 512; Kerr v. Sanders, 122 N.C. 638; DeLoache v. Deloache, 189 N.C. 397; Winstead v. Farmer, 193 N.C. 412.